Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30540 of 2019 Applicant :- Tej Rathi Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 105 of 2019, under Sections 60, 63, 72 Excise Act and Sections 420, 468, 471 & 473 I.P.C., P.S. Shergarh, District Mathura.
The contention of the learned counsel for the applicant is that the accused is absolutely innocent and he has been falsely implicated in the present case due to ulterior motive. He further submitted that nothing incriminating has been recovered either from the possession of the present applicant or on his pointing out. The recovery which has been shown from the applicant is false one and there is no public witness of the alleged recovery. He next submitted that no identification parade was conducted to ascertain the real culprits. He lastly submitted that the applicant has no criminal history. He further submitted that the co-accused Dharmendra Singh who was having similar role, has already been enlarged on bail vide order dated 24.07.2019 passed by this Court in Criminal Misc. Bail Application No. 29671 of 2019.
He has placed reliance in the case of Data Ram Vs. State of
U.P. and others, 2018(3) SCC 22. The accused is languishing in jail since 15.06.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Tej Rathi be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
ii) The applicant will not tamper with the witnesses.
iii) The applicant will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 30.7.2019 Shanu